Expansion of Certain End-Use and End-User Controls and Controls on Specific Activities of U.S. Persons; Correction, 14534 [2021-05623]
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14534
Federal Register / Vol. 86, No. 50 / Wednesday, March 17, 2021 / Rules and Regulations
reexports, and transfers (in-country)
applicable to certain rocket systems and
UAVs in D:4 countries currently set
forth in § 744.3(a)(3)(i) and (ii) of the
EAR. To remediate this error, BIS is
correcting the instruction in the January
15 rule to revise only the introductory
‘‘text of § 744.3(a)(3), rather than the
entire paragraph.
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 744
[Docket No. 210312–0056]
RIN 0694–AI38
Expansion of Certain End-Use and
End-User Controls and Controls on
Specific Activities of U.S. Persons;
Correction
Correction
Accordingly, in FR Doc. 2021–00977,
appearing on page 4865 in the Federal
Register of Friday, January 15, 2021, the
follow correction is made:
Bureau of Industry and
Security, Commerce.
ACTION: Interim final rule; correction.
AGENCY:
§ 744.3
The Bureau of Industry and
Security (BIS), Department of
Commerce, is correcting an interim final
rule, ‘‘Expansion of Certain End-Use
and End-User Controls and Controls on
Specific Activities of U.S. Persons,’’ that
appeared in the Federal Register of
January 15, 2021 (hereinafter referred to
as the January 15 rule) by revising an
incorrect instruction that would have
resulted in the inadvertent deletion of
two subparagraphs of the Export
Administration Regulations’ (EAR)
restrictions on certain rocket systems
and unmanned aerial vehicles.
DATES: Effective date: March 16, 2021.
FOR FURTHER INFORMATION CONTACT:
Philip Johnson, Senior Advisor, Export
Enforcement, Bureau of Industry and
Security, Phone: (202) 482–3685,
Philip.Johnson@bis.doc.gov.
SUPPLEMENTARY INFORMATION:
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SUMMARY:
Background
On January 15, 2021, BIS published
an interim final rule expanding certain
end-use and end-user controls and
controls on specific activities of U.S.
persons (86 FR 4865) (hereinafter the
January 15 rule). Due to an instruction
error, which directed the revision of
paragraph (a)(3) of § 744.3 of the EAR,
rather than only the introductory text of
that paragraph, upon its effective date,
the January 15 rule would have resulted
in the inadvertent deletion of
§ 744.3(a)(3)(i) and (ii) of the EAR,
which describe the license requirements
that apply when an exporter, reexporter,
or transferor cannot determine the range
capabilities of a rocket system or
unmanned aerial vehicle (UAV) in
certain countries of missile technology
concern (Country Group D:4) (see
Supplement No. 1 to part 740 of the
EAR), or whether such rocket system or
UAV will be used in connection with
the delivery of certain weapons of mass
destruction. This was a technical error
and BIS did not intend to remove the
existing restrictions on exports,
VerDate Sep<11>2014
16:20 Mar 16, 2021
Jkt 253001
[Correction]
1. On page 4871, first column,
instruction 9 is corrected to read
‘‘Section 744.3 is amended by revising
paragraphs (a)(1) and (2), the
introductory text to paragraph (a)(3),
and paragraphs (d)(2)(ii) and (v) to read
as follows:’’
■
Matthew S. Borman,
Deputy Assistant Secretary for Export
Administration.
[FR Doc. 2021–05623 Filed 3–15–21; 4:15 pm]
BILLING CODE 3510–33–P
DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control
31 CFR Parts 501, 510, 535, 536, 539,
541, 542, 544, 546, 547, 548, 549, 552,
560, 561, 566, 576, 583, 584, 588, 592,
594, 597, and 598
Inflation Adjustment of Civil Monetary
Penalties
Office of Foreign Assets
Control, Treasury.
ACTION: Final rule.
AGENCY:
The Department of the
Treasury’s Office of Foreign Assets
Control (OFAC) is issuing this final rule
to adjust certain civil monetary
penalties for inflation pursuant to the
Federal Civil Penalties Inflation
Adjustment Act of 1990, as amended by
the Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
2015.
SUMMARY:
DATES:
This rule is effective March 17,
2021.
FOR FURTHER INFORMATION CONTACT:
OFAC: Assistant Director for Licensing,
202–622–2480; Assistant Director for
Regulatory Affairs, 202–622–4855;
Assistant Director for Sanctions
Compliance & Evaluation, 202–622–
2490.
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00010
Fmt 4700
Sfmt 4700
Electronic Availability
This document and additional
information concerning OFAC are
available from OFAC’s website
(www.treasury.gov/ofac).
Background
Section 4 of the Federal Civil
Penalties Inflation Adjustment Act
(1990 Pub. L. 101–410, 104 Stat. 890; 28
U.S.C. 2461 note), as amended by the
Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
2015 (Pub. L. 114–74, 129 Stat. 599, 28
U.S.C. 2461 note) (the FCPIA Act),
requires each federal agency with
statutory authority to assess civil
monetary penalties (CMPs) to adjust
CMPs annually for inflation according
to a formula described in section 5 of
the FCPIA Act. One purpose of the
FCPIA Act is to ensure that CMPs
continue to maintain their deterrent
effect through periodic cost-of-living
based adjustments.
OFAC has adjusted its CMPs six times
since the Federal Civil Penalties
Inflation Adjustment Act Improvements
Act went into effect on November 2,
2015: An initial catch-up adjustment on
August 1, 2016 (81 FR 43070, July 1,
2016); an additional initial catch-up
adjustment related to CMPs for failure to
comply with a requirement to furnish
information, the late filing of a required
report, and failure to maintain records
(‘‘recordkeeping CMPs’’) that were
inadvertently omitted from the August
1, 2016 initial catch-up adjustment on
October 5, 2020 (85 FR 54911,
September 3, 2020); and annual
adjustments on February 10, 2017 (82
FR 10434, February 10, 2017); March 19,
2018 (83 FR 11876, March 19, 2018);
June 14, 2019 (84 FR 27714, June 14,
2019); and April 9, 2020 (85 FR 19884,
April 9, 2020).
Method of Calculation
The method of calculating CMP
adjustments applied in this final rule is
required by the FCPIA Act. Under the
FCPIA Act and the Office of
Management and Budget guidance
required by the FCPIA Act, annual
inflation adjustments subsequent to the
initial catch-up adjustment are to be
based on the percent change between
the Consumer Price Index for all Urban
Consumers (‘‘CPI–U’’) for the October
preceding the date of the adjustment
and the prior year’s October CPI–U. As
set forth in Office of Management and
Budget Memorandum M–21–10 of
December 23, 2020, the adjustment
multiplier for 2021 is 1.01182. In order
to complete the 2021 annual
adjustment, each current CMP is
E:\FR\FM\17MRR1.SGM
17MRR1
]]>Agencies
[Federal Register Volume 86, Number 50 (Wednesday, March 17, 2021)]
[Rules and Regulations]
[Page 14534]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05623]
[[Page 14534]]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 744
[Docket No. 210312-0056]
RIN 0694-AI38
Expansion of Certain End-Use and End-User Controls and Controls
on Specific Activities of U.S. Persons; Correction
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Interim final rule; correction.
-----------------------------------------------------------------------
SUMMARY: The Bureau of Industry and Security (BIS), Department of
Commerce, is correcting an interim final rule, ``Expansion of Certain
End-Use and End-User Controls and Controls on Specific Activities of
U.S. Persons,'' that appeared in the Federal Register of January 15,
2021 (hereinafter referred to as the January 15 rule) by revising an
incorrect instruction that would have resulted in the inadvertent
deletion of two subparagraphs of the Export Administration Regulations'
(EAR) restrictions on certain rocket systems and unmanned aerial
vehicles.
DATES: Effective date: March 16, 2021.
FOR FURTHER INFORMATION CONTACT: Philip Johnson, Senior Advisor, Export
Enforcement, Bureau of Industry and Security, Phone: (202) 482-3685,
[email protected].
SUPPLEMENTARY INFORMATION:
Background
On January 15, 2021, BIS published an interim final rule expanding
certain end-use and end-user controls and controls on specific
activities of U.S. persons (86 FR 4865) (hereinafter the January 15
rule). Due to an instruction error, which directed the revision of
paragraph (a)(3) of Sec. 744.3 of the EAR, rather than only the
introductory text of that paragraph, upon its effective date, the
January 15 rule would have resulted in the inadvertent deletion of
Sec. 744.3(a)(3)(i) and (ii) of the EAR, which describe the license
requirements that apply when an exporter, reexporter, or transferor
cannot determine the range capabilities of a rocket system or unmanned
aerial vehicle (UAV) in certain countries of missile technology concern
(Country Group D:4) (see Supplement No. 1 to part 740 of the EAR), or
whether such rocket system or UAV will be used in connection with the
delivery of certain weapons of mass destruction. This was a technical
error and BIS did not intend to remove the existing restrictions on
exports, reexports, and transfers (in-country) applicable to certain
rocket systems and UAVs in D:4 countries currently set forth in Sec.
744.3(a)(3)(i) and (ii) of the EAR. To remediate this error, BIS is
correcting the instruction in the January 15 rule to revise only the
introductory ``text of Sec. 744.3(a)(3), rather than the entire
paragraph.
Correction
Accordingly, in FR Doc. 2021-00977, appearing on page 4865 in the
Federal Register of Friday, January 15, 2021, the follow correction is
made:
Sec. 744.3 [Correction]
0
1. On page 4871, first column, instruction 9 is corrected to read
``Section 744.3 is amended by revising paragraphs (a)(1) and (2), the
introductory text to paragraph (a)(3), and paragraphs (d)(2)(ii) and
(v) to read as follows:''
Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. 2021-05623 Filed 3-15-21; 4:15 pm]
BILLING CODE 3510-33-P
